RESOLUTION NO. JORDAN, SHEALY AND THOMSON

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1 RESOLUTION NO. BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY AND THOMSON A RESOLUTION DECLARING THE INTENT OF THE CITY OF BOISE, TO DECLARE CERTAIN PARCELS OF REAL PROPERTY OWNED BY THE CITY AS UNDERUTILIZED OR NOT USED FOR PUBLIC PURPOSES AND TO DECLARE THE CITY S FURTHER INTENT TO EXCHANGE SUCH PROPERTIES, CONSISTING OF THE FOLLOWING: REMNANT PARCELS OF REAL PROPERTY LOCATED IN THE SOUTHEAST ¼ AND IN THE SOUTHWEST ¼ OF SECTION 19, TOWNSHIP 3N, RANGE 3E, BOISE MERIDIAN, BOISE, ADA COUNTY, IDAHO, WITH BARBER MILL INVESTMENTS, LLC; INSTRUCTING THE CITY CLERK TO ESTABLISH AND PUBLISH NOTICE OF A HEARING DATE TO REVIEW THE PROPOSED DECLARATION THAT THE REAL PROPERTIES ARE UNDERUTILIZED OR NOT USED FOR PUBLIC PURPOSES AND THAT THE CITY INTENDS TO EXCHANGE SUCH REAL PROPERTIES FOR REAL PROPERTY OF LIKE KIND AND VALUE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boise owns the following parcels of real property in Boise, Ada County, Idaho: remnant parcels within Marianne Williams Park, located in the Southeast ¼ and in the Southwest ¼ of Section 19, Township 3N, Range 3E, Boise Meridian, Boise, Ada County, Idaho, as more specifically depicted and described on Exhibit A attached hereto and incorporated herein by reference ( the Properties ); and, WHEREAS, Idaho Code grants the City the authority to sell, exchange or convey real property which is underutilized or not used for public purposes; and, WHEREAS, the City intends to exchange the Properties with Barber Mill Investments, LLC for real property of like kind and value in order to align the property boundaries of Marianne Williams Park with the property owned by Barber Mill Investments; and, WHEREAS, Idaho Code provides that whenever the City proposes to sell, exchange or convey real property, the City Council shall declare that the subject property will be offered for sale at a minimum dollar value or provide an explanation of the intended exchange or conveyance of real property for other than monetary consideration or the City Council may declare that the subject property will be offered for sale without establishing a minimum price; and, R-46-10

2 WHEREAS, Idaho Code requires notice and a public hearing prior to the conveyance or exchange of any real property by the City. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE, IDAHO: Section 1. That the Properties, consisting of remnant parcels within Marianne Williams Park, as more specifically depicted and described on Exhibit A, attached hereto and incorporated herein by reference, are each underutilized or not used for public purposes. Section 2. That the City hereby declares its intent to exchange the Properties with Barber Mill Investments, LLC, for real property of like kind and value under terms and conditions determined by the City Council to be in the City s best interests and establishing that the value of the property the City will receive as a result of the exchange shall be equal to or greater than the value of the property the City will convey to Barber Mill Investments, LLC. Section 3. That the City Clerk shall publish a summary of this declaration of intent that the Properties are underutilized or not used for public purposes and to exchange the Properties. The City Clerk shall further provide notice of and establish a public hearing date to review the proposed declaration that the real properties are underutilized or not used for public purposes and that the City intends to exchange the Properties. Section 4. adoption and approval That this Resolution shall be in full force and effect immediately upon its ADOPTED by the Council of the City of Boise City, Idaho, this day of February, APPROVED by the Mayor of the City of Boise City, this day of February, APPROVED: ATTEST: David H. Bieter Mayor John E. Faw City Clerk

3 EXHIBIT A DEPICTION AND DESCRIPTIONS OF PROPOSED EXCHANGE PROPERTY

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8 Notice of Public Hearing: Boise City Declaration of Intent to Convey Real Property The Boise City Council has declared its intent to declare certain real properties owned by the City of Boise as underutilized or no longer used for public purposes and to further declare its intent to exchange such real properties located in the Southeast ¼ and in the Southwest ¼ of Section 19, Township 3N, Range 3E, Boise Meridian, Boise, Ada County, Idaho, as more specifically depicted and described on Exhibit A attached hereto and incorporated herein by reference. A public hearing shall be held to determine whether or not such properties should be declared as underutilized or no longer used for public purposes. The public hearing shall occur in the City Council Chambers, City Hall, 150 North Capitol Boulevard, Boise, Idaho, on, 2010, during the City Council meeting which begins at 6:00 p.m. A copy of the full text of the resolution approving this declaration of intent is available at the office of the City Clerk. Written or oral comments about the proposed declaration are welcome. Auxiliary aids or services for persons with disabilities are available upon 48 hours advance notice. Call for more information.

9 EXHIBIT A DEPICTION AND DESCRIPTIONS OF PROPOSED EXCHANGE PROPERTY

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